01/29/2013

This $#!+ Just Got Real!

A bill has been introduced into the
Oregon State Senate that would criminalize FPV flying and quite
possibly all RC aviation throughout the state. Senate Bill 71, meant to
regulate “drones,” declares that this situation is an
emergency, so that it will go into effect immediately after being
passed into law.

Believe it or not, the legislative
shenanigans go even further than that: this is a “shadow bill” –
a term that I had never heard before – which means that its author
and/or sponsors are not identified.

Legislating anonymously: I can think of
no better way to demonstrate the courage of your convictions.

Anyway, you can read it for yourself in
.PDF form by clicking here. Go ahead. I'll wait.

It's hard to know where to even begin
with this proposal. I'll just pluck some of the low-hanging fruit to
get the ball rolling.

The bill defines a drone as a “an
unmanned flying machine that is capable of [among other things]
capturing images of objects or people on the ground.” I'd argue
that, by this definition, all but the very smallest and lightest
indoor RC aircraft are “drones,” because they are “capable”
of capturing images – if you attach a small camera to them.

That is something that should have
every RC pilot in the state worried. For those of us in the FPV
community, it's much, much worse. The moment this bill becomes law, I
become a criminal – guilty of a Class B Misdemeanor. My crime?
Possessing multirotor aircraft equipped for FPV flight operations.

That's right – merely possessing a
“drone” is a crime, even if you never fly it. Other Class B
Misdemeanors in Oregon? Carrying a concealed switchblade or stealing
$50 worth of merchandise.

If you actually fly a drone, that's a
Class A Misdemeanor, equivalent to carrying a concealed firearm
without a license or driving drunk.

Let's forget for the moment about the
folks who enjoy flying FPV (or RC) for fun – instead, let's
consider the broader implications of this proposal for Oregon as a
whole. I find it astonishing that while business and community
leaders are hard at work, trying to get Oregon designated as one of
six civilian drone test sites nationwide – because it has the
potential to put our state at the forefront of a field that will be a
major economic driver for the next several decades – some anonymous
neo-luddite in the state senate is trying to slam our borders shut to
this industry.

Furthermore, the bill seems to
completely disregard the existing businesses in Oregon that already
employ people to build drones, such as Insitu, located in Hood River.
Is the economic recovery going so well, especially in the rural parts
of the state, that we can afford to shut down a manufacturer because
an ill-considered law transforms its products into contraband
overnight?

Here at the Roswell Flight Test Crew,
we are hobbyists – we do this because we enjoy it and because we
believe this technology has almost unlimited capability to help
people. This mission has already brought us into contact with several
high-tech companies here in Oregon, who also see this potential.

To us, this comes as another indicator
of the future economic implications of this technology and its
potential to grow jobs in Oregon – let alone its potential
life-saving applications and its status as one of the fastest-growing
segments of the $1.5 billion per year hobby industry.

We need your help to oppose this bill
and keep it from ever becoming law!

If you're outside of Oregon, take a
hard look at what your own state legislature is doing. I have a hunch
that this is a piece of model legislation dreamed up by some interest
group, and they may well be shopping it around to other states, as
well.

Idiotic. Would the defnition extend to rockets as well? I think my buddies in the local high powered rocketry group might have something to say abou tthat. As would the model rocketry entusiasts who fly things like the Estes Camroc.

Does Oregon similarly restrict the aircraft in common use by nearly every radio and TV station in the nation? Each of these are also capable of being outfitted with video cameras, RF scanners, and weapons (depending on the passengers) ... the only difference is whether or not there is a pilot aboard.

Maybe the Oregon-based members of the media need to be alerted ... with a little tweaking, this bill could easily do away with one of their main sources of the imagery they use every single day.

I agree that this Bill is troubling and sloppily written, but some of your concerns are not valid. An aerial vehicle that doesn't have a camera attached is not capable of capturing images - it becomes capable once the camera is attached. Most conventional RC aircraft would therefore not fall under this Bill.

Companies like Insitu are operating under the graces of the Feds. This Bill, in Section 2, contemplates that those businesses and individuals permitted to operate by the Feds may continue to do so.

Regulation of UAVs is coming whether we like it or not. Sloppily written legislation like this is not encouraging. But more troubling is the attitude that aerial surveillance and photography is de facto a bad thing. Legislators need to be shown the long term economic potential that UAVs can bring to a number of markets.

See this is what I have been talking about.
It seems like a bunch of guys, don't care!
There is still time to get something moving on this!
Since you guys have been featured on our local news channels, I suggest you get some of these news stations on board.
Otherwise, We will all be breakinf the law.

As one of the figured heads in the state of Oregon, you should be in the lead of getting this thing rewritten better!

Well. here we go again. We R/C modelers have been treated with the utmost disdain for decades. How many of us has lost a flying field? We have lost 6 here in the Hood River area over the last 15 years. This is just more crap only at a higher level. Did no one really expect this to ever happen? I've been waiting for years and now here it is.

They do not want the common man to keep eyes on others because the common man is not to be trusted. The common man is not to be trusted because the common man has become wise to the schemes of the elites. If drones are classified as weapons, how would the SCOTUS ruling McDonald v. Chicago be applied to this bill should it become law?

Point 1: FAA regulations currently ban the use of UA’s (unmanned aircraft) of any kind for commercial use. Meaning you cannot make money from or charge a client for, the use of your UA (such as aerial photography for hire). Personal/hobby use of UA’s (i.e. not for hire) is legal. Just don’t be shooting photos/video that someone else (not yourself) would judge as invasion of privacy.

Point 2: FAA regulations supersede any state, local or municipal laws or regulations. Therefore this legislation from Oregon is superseded by FAA regulation.

Point 3: Regulation of all aircraft (powered or unpowered) flying within the borders of the U.S. is the sole purview of the FAA. State and municipal government cannot regulate, or create a law effecting, the use of U.S. airspace.

Point 4: UA’s (i.e. RC planes & ’copters, et. al.) are restricted in their use by an FAA advisory circular AC 91-57. Basically it states that your UA must remain below 400 feet AGL, not be flown within two miles of an airport without express permission and must remain apart from ‘noise-sensitive areas’ (e.g., hospitals et. al).

Here are links to the FAA website and web pages specifically concerning this subject.

Hi My name is Kody. I'm an outlaw flyer who only fly's RC Airplanes not helicopters or drones.. Maybe the main focus they should worry about is the camera issue. With a quad copter or helicopter they can hover there and take snap shots. And RC Airplane such as an extra 300 or edge 540 or even a damn piper cub cant go slow enough to get a still shot. And how is a camera on a drone any different from the government taking shots of out very own back yards with cameras in space.. There is no difference. They need more jobs for people who fly RC planes and helicopter/quads maybe to catch more drug houses or poachers. Why waste so much time passing a law on a hobby where people do it to go out with there buddy's to simply have a great time and get away from the wives for a while. This is the most stupid bill i've ever heard of. And this wouldn't be happening if people could be smart with there RC equipment and stop taking stupid pictures.. I have over 53 RC Aircraft 98% in which are RC Airplanes. I have one tiny little quad and a helicopter that has never before been fired.. I fly 25 miles away from any houses or cattle or towns. I'm not an AMA member because I don't feel its necessary when its just a hobby with toys out having fun. You might as have to pass a back ground check to own your own damn dog. If anyone has a problem with the fact i'm 25 and been flying sense i was 6 years old i live in lapine.. Look me up on Facebook Kody Knisely. Tell me what your problems are.. Ive always wanted a job where i can do what i love and fly my Planes to teach people there's more to life than popping out kids and doing drugs.. If there should be a bill for anything is should empower the fact people should be more into the RC hobby and not against it.. Maybe the bill should pass a law where cameras shouldn't be aloud on unmanned aircraft if they feel they need to pass any law at all. And at the same time they can ground all FAA regulated manned aircraft because people up there see more with there eyes then a stupid camera.. All these laws will do is start a riot in Oregon because people such as me who are addicted to this hobby like a druggy to his drugs will do anything to stand in front of what he loves to do.. I Hope there's a lot of people out there that are with me on this. Flite Test crew are my biggest fans and i will always stand by their side on this bullshit. excuse my language but seriously. this is so ridiculous.